Gajendra Nayak v. State Transport Authority Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 26050 OF 2022 Gajendra Nayak ....

Petitioner Mr. M. Balakrishna Rao, Advocate -versusState Transport Authority, Odisha and others ....

Opp. Parties Mr. Pravakar Behera, Standing Counsel (For Transport Department) Mr. Jaydeep Pal, Advocate (For Opp. Party No.2)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

17.10.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction for early disposal of M.V. Appeal No.04 of 2022 pending before the State Transport Appellate Tribunal, Cuttack-Opposite Party No.4.

3.

Mr. Rao, learned counsel for the Petitioner submits that although the appeal is ready in all respect and there is no legal impediment for early disposal of the same, the matter is being adjourned to different dates, for which the Petitioner is seriously prejudiced. It is his submission that the appeal relates to grant of permanent permit. Hence, the appeal is required to be disposed of at an early date to safe any other financial loss of the Petitioner.

4.

Mr. Pal, learned counsel submits that he has instructions to appear on behalf of the Opposite Party No.2, at whose

// 2 // instance the M.V. Appeal has been filed. He, however, submits that the Opposite Party No.2 has no objection, if the appeal is disposed of early.

5.

Mr. Behera, learned Standing Counsel for the Transport Department submits that from the order sheet annexed to the writ petition, it appears that the appeal is ready for hearing. Hence, a direction may be made for early disposal of the same. 6.

Taking into consideration the submissions made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner, disposes of the writ petition with a direction to the State Transport Appellate Tribunal, Cuttack-Opposite Party No.4 to consider and dispose of M.V. Appeal No.04 of 2022 as expeditiously as possible preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) ms Judge